Alfred Benesch & Company 7979 E. Tufts Ave., Suite 800 Denver, CO 80237 - 2843 www.benesch.com P 303 - 771 - 6868 F 303 - 741 - 6745
January 28, 2016 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12
- 140 1200 New Jersey

Avenue, SE Washington, D.C. 20590 Submitted electronically using the Federal Docket Management S ys tem RE: Request for Exemption under Section 333 of the FAA Reform Act Dear Madam/Sir: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Alfred Benesch & Company (Benesch) is appl yi ng for an exemption from the Federal Aviation Regulations detailed further for a small Unmanned Aerial Vehicle (UAV) further described in this letter. The anticipated operations for the use of this UAV includes aerial surveying, ae rial mapping, bridge inspection, vertical structure inspection, tower and high mast pole inspection, construction aerial inspection, educational and research projects, environmental wetland and mitigation monitoring, locating possible abandoned hazardous m aterial to reduce exposure from close inspection, identify sheens on lakes and other bodies of water that may indicated petroleum or other contamination, aerial imagery to compare to historic aerial imagery for Phase 1 ESAs, identifying discolored soil or distressed vegetation indicating possible surface contamination, aerial identification of materials outside properties, aerial imagery

of ground inaccessible portions of buildings and properties for documentation, remote sensing, civil engineering , aerial imagery and documentation for various projects within public and private properties within the United States . As a full
- service engineering company , Benesch proposes to operate the UAV as an added benefit for engineering and environmental projects. The se operations will be subject to strict operating requirements defined in the UAV User Manual and those requirements that ensure a high level of safety to currentl y authorized operations using manned aircraft. There are several benefits of safety and econ om y to using a UAV for engineering services such as reducing the need to operate manned aircraft and reducing impact to the environment by not using ground equipment. The UAV has man y automated control features and redundant sy stems and will be operated under controlled conditions and at low altitudes in airspace that is limited in scope and area. The name of the Applicant is: Alfred Benesch & Company Attn: Mark Hamouz 7979 East Tufts Avenue, Suite 800 Denver, Colorado 80237
- 2843 Phone: (303) 620
- 0098 Email: mhamouz@benesch.comU.S. Department of Transportation, Docket Operations

Page **|** 2 The following is a description of the UAV to be operated under this requested exemption: Phy sical Characteristics:

 UAV description: DJImodel Phantom III Professional Quadcopter  Dimensions: Diagonal size of 689 mm(2.2 ft)  Weight: 1280g(2.8 lb) with battery and camera  Maximum Flight Time : 23 minutes per battery  Maximum Ascent Rate: 6 m/s  Maximum Decent Rate: 2 m/s  Maximum Air Speed: 16 m/s(50 mph)  Launch T ype: VTOL  Maximum A ltitude: 6000 ft  Positioning Module: GPS + GLONASS Dual Positioning Module  Camera: 12 Megapixel photo resolution and MP4 or MOV Video format  Camera Stabilization: Built
- in 3
- axle gimbal  Controller: Customizable with buttons for camera and gimbal contro l  Special Functions: Auto
- takeoff, Auto
- landing and auto return to home  Battery : rechargeable with sensors for full battery and cell diagnostics Functional Characteristics:

 The Phantom I II is nearly maintenance
- free as it has very few moving parts. Maintenance will be performed b y the manufacturer if any damage is found by the pre
- flight and post
- flight inspections of the UAV and camera s ys tem which include but is not limited to: o Visual inspection of the airframe, side arms and landing gear. o Visual i nspection of the rotors and motors. o Visual inspection of the camera and camera connections to the UAV. o Check of the battery

status of the UAV. o Visual inspection of the ground controller.  Flight Modes
- Positioning, Altitude and Function Modes available. o Posi tioning Mode is the default mode that uses the onboard GPS and the Vision Positioning System for flight and stabilization to locations as directed through the Ground Controller. o Altitude Mode does not use the GPS or the Vision Positioning System but uses the barometer for flight and stabilization. o Function Mode activates the Intelligent Orientation Control for automatic flight and stabilization. The Function Modes are onl y available if sufficient GPS signal is available and are:  Way points is where a flight path is recorded and then the UAV flies the same path while various camera shots and videos can be recorded.  Point of Interest is where the UAV will revolve around a designated object in a perfect circle so that camera shots and video can be recorded.  Fol low Me is where the UAV is set to follow the Ground Controller wherever that person goes on location.U.S. Department of Transportation, Docket Operations

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 Home L ock is where the flight controls are set to be relative to the Ground

Controller at all times.  Course L ock is where the UAV will fly along a set path which sets all flight controls to directions relative to its current heading.  Takeoff

s and Landing s: o The UAV will be flown only when it is visually

in sight. o The UAV will be set on a flat and open surface. o The Home Point will be set at that ground locati on. o The UAV can take off either manuall y or automatically to initially hover to about 1 meter high before flight. o For landing, the UAV can be landed manually by hovering over the Home Point then gentl y lowered to the ground by reducing the throttle. The Auto - Land button can also be pressed and it will automatically land at the Home Point. o The UAV is programmed to return to the Home Point in case of a failure of one or more of its sy stems or if connection to the Ground Controller is lost
. Operating Parameters: Benesch proposes to operate the Phantom 3 Professional with the following requirements:

 All UAV flights will be conducted with a pilot/operator and ground observer and will alway s be flown in a direct visual line of sight by both pilot/operator and observer.  The UAV will operate at speeds of nor more than 50 mph and can hover and can move simultaneously

vertically and horizontally safely
.  The UAV will not be flown at more than 400 feet above the ground.  All UAV flights will be limited to daylight hours only
.  All UAV flights will not interfere with any other aircraft operations, will yield the right of way to other aircraft and will avoid all other obstacles at all times.  All UAV flights will be of a duration of 23 minutes or less.  All UAV flights will be conducted over private or public property with the permission from the property owner or representative.  No UAV flights will be operated less than 5 miles from all airports.  Prior to all flights, the UAV will be inspected to determine that the UAV is in a condition for safe flight.  All UAV flights will be operated in compliance with the manufacturer’s manuals and all safety bulletins. Benesch requests exemption from the following r ules as well as any additional rules that may technicall y appl y to the operation of the UAV and its system :
 14CFR Part 21  14 CFR 45.23  14 CFR 45.29  14 CFR 101 , (e)(4) and (5)  14 CFR 61.56  14 CFR 61.113 , (a) & (b)  14 CFR 61.133U.S. Department of Transportation, Docket Operations

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 14 CFR 61.23 , (a) & (c)  14 CFR 315 , (a)  14 C F R 91.7 , (a)  14 CFR 91.9 , (b)(2)  14 CFR 91.103 , (b)  14 CFR 91.109 , (a)  14 CFR 91.119  14 CFR 91.121  14 CFR 91.151 , (a)  14 CFR 91.203 , (a) & (b)  14 CFR 91.405 , (a) & (b)  14 CFR 91.407 , (a)(1)  1 4 CFR 91.409 , (a) (1) & (2)  14 CFR 91.417 , (a) & (b) These exemptions will enhance public safety b y reducing risk to the general public and property owners from substantial hazard associated with performing equivalent work with conventional aircraft, rotorcraft or other similar methods. Additionally , Benesch’s intended UAV uses have safety benefits that include reducing the danger and emissions associated with manned aircraft as it has no fuel to ignite or explode and its small and lightweight unit minimized ecological and safety impacts. Conclusion Alfred Benesch & Company seeks this exemption that allowing commerci al use of this UAV will provide a significantl y lower risk to the public and property as compared to manned aircraft. The light weight of 2.8 lbs. and small size will greatl y reduce risks to the public and will not pose a threat to national securi ty . Use of this UAV to augment our current engineering and environmental services will allow us to transform and technologicall y upgrade some of our operations from traditional ground based operations to aerial operations. Use of an UAV will also allow for incre ased collection of data in a shorter amount of time and more economically than using manned aircraft. This will allow us to improve the quality

of our services and decrease costs to perform work for the benefit of our clients and consumers. Benesch is aware that other engineering and environmental companies have already been granted an exemption to use their UAVs for commercial purposes, as shown in FAA exemption No. 11266, Docket No. FAA - 2104 - 0733; FAA exemption No.11299, Docket No. FAA
- 2014 - 1008; FAA exemption No. 11833, Docket No. FAA
- 2015 - 1121; FAA exemption No. 11835, Docket No. FAA
- 2015 - 1161; FAA exemption No. 12371, Docket No. FAA
- 2015 - 1971; and FAA exemption No. 13920, Docket No. FAA
2015 - 4432. With the Phantom 3 Professional’s efficient design and operation, it will be deplo yed and operated effectivel y so the data it collects will increase our technological operations and advance our engineering and environmental services beyond what we can perform today . Use of the UAV will also greatl y incre ase safety

for the public and our personnel as compared to using conventional aircraft and other access equipment for the same operations.U.S. Department of Transportation, Docket Operations

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Sincerel y, Mark Hamouz Vice President